Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 296

SUR-REPLY to Reply to Response to Motion re 270 SEALED PATENT MOTION TO COMPEL FROM AOL AND MYSPACE A COMPLETE RESPONSE TO BEDROCK'S FOURTH INTERROGATORY filed by AOL Inc. (Whitehurst, Alan)

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Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al Doc. 296 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Bedrock Computer Technologies LLC, Plaintiff, v. Case No. 6:09-CV-269-LED JURY TRIAL DEMANDED Softlayer Technologies, Inc., et al. Defendants. DEFENDANT AOL INC.'S SURREPLY IN OPPOSITION TO BEDROCK'S MOTION TO COMPEL A COMPLETE RESPONSE TO ITS FOURTH INTERROGATORY AOL has made a genuine effort to meet and confer with Bedrock to resolve this issue without burdening the Court. AOL already supplemented its response to Bedrock's Fourth Interrogatory. In AOL's Opposition Brief, AOL explains its full response to each subpart and where additional responsive information can be found in documents produced to Bedrock. Bedrock's reply willfully turns a blind eye to these efforts and instead attempts to manufacture a dispute that does not exist. For the foregoing reasons and the reasons in its Opposition brief, AOL respectfully requests that the Court deny Bedrock's motion to compel an answer to its fourth interrogatory. Dated: September 24, 2010 Respectfully submitted, 1 Dockets.Justia.com /s/ Alan L. Whitehurst Frank G. Smith frank.smith@alston.com ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309 Telephone: (404) 881-7240 Facsimile: (404) 256-8184 Alan L. Whitehurst alan.whitehurst@alston.com Marissa R. Ducca marissa.ducca@alston.com ALSTON & BIRD LLP The Atlantic Building 950 F Street, N.W. Washington, DC 20004 Telephone: (202) 756-3300 Facsimile: (202) 756-3333 Michael J. Newton (SBN 24003844) mike.newton@alston.com ALSTON & BIRD LLP Chase Tower 2200 Ross Avenue, Suite 3601 Dallas, TX 75201 Telephone: (214) 922-3423 Facsimile: (214) 922-3839 Louis A. Karasik (pro hac vice) lou.karasik@alston.com ALSTON & BIRD LLP 333 South Hope Street 16th Floor Los Angeles, CA 90071 Telephone: (213) 576-1148 Facsimile: (213) 576-1100 Attorneys for Defendants AOL Inc. 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion was served on all counsel who have consented to electronic service. Local Rule Cv-5(a)(3)(A). /s/ Alan L. Whitehurst Alan L. Whitehurst 3